North Greenbush Police Reform and Reinvention Collaborative 2021
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March 11, 2021 The North Greenbush Town Board and Police Department are pleased to submit the attached Town of North Greenbush Police Reform and Reinvention Plan, in accordance with Executive Order 203. In constructing this Plan, we have undergone much introspection and collaboration with members of our community. In any government office or private business, agility is a must. The ability to adapt to the changes in society will determine future success or failure. While we believe this Plan will have a meaningful impact on the future of our community, we understand that constant monitoring and adjustments will be needed in order to achieve the best possible outcome. In 1829, upon establishing the first modern metropolitan police force in London, Sir Robert Peele commissioned the creation of the most basic principles of policing which were issued as general guidance to the first modern police officers. These nine principles remain relevant 192 years later and provide a functional foundation on which current reforms should be based. In line with the current calls for reform, the principles focused primarily on crime prevention, community relations and collaboration between the public and those entrusted with ensuring their safety. Over the past eight months of developing this Plan, we have viewed our policing strategies from many perspectives and learned a lot about how our agency operates and what changes are necessary to evolve with the modern needs of our community. This was only possible through the dedication of our community volunteers who offered their time and talents to an initiative that will improve their hometown and we cannot thank them enough for that. These efforts will make North Greenbush safer and fairer for all. In crafting this plan, “8 Can’t Wait” and the 2020 “Say Their Name” legislative package were studied, among other resources. It was found that most of the feasible recommended changes had already been in place for a number of years. We believe this is another indicator that our police department has been doing well in adapting to calls for reform and that must continue. As important as it is for the police to protect and serve the public, it is equally important that the public perceive that. It is our hope that the following pages fully explain what is being done right, what changes are necessary and how we intend to improve that perception. The Town of North Greenbush is committed to serving our neighbors and visitors in an exemplary manner and we hope you find that the police department is no exception. This Plan is not intended to have all of the answers. Rather, it is expressly understood to be the first step in an ongoing discussion and collection of differing ideas and perspectives. We thank all of our community partners who volunteered their time and resources to help create this document by providing input and collaborating on ideas. That open dialog is truly what makes this an amazing community!
Table of Contents I. Functions of the Police 1. Role of the Police…………………………….... pages 1-3 2. Staffing, Budgeting and Equipping Police …… pages 3-7 II. Employing Smart and Effective Policing Standards and Strategies 1. Procedural Justice and Community Policing…… pages 8-14 2. Racial Disparities ………………………………. pages 14-17 3. Community Engagement ………………………..pages 17-18 III. Fostering Community Oriented Leadership, Culture and Accountability 1. Leadership and Culture………………………….page 19 2. Tracking and Reviewing Use of Force and Identifying Misconduct…………………………..………… pages 20-27 3. Internal Accountability for Misconduct……….. pages 27-29 4. Citizen Oversight and other External Accountability…………………………………. page 29 5. Data, Technology and Transparency…………... pages 29-31 IV. Recruiting and Supporting Excellent Personnel 1. Recruiting a Diverse Workforce ………………. page 32 2. Training and Continuing Education …………… pages 32-34 3. Supporting Officer Wellness and Well-Being….. pages 34-35 V. 8 Can’t Wait ………………………………………. pages 36-37 VI. Stakeholder Meetings …………………………….. pages 38-44 VII. Conclusion and Acknowledgements..…………….. pages 45-48
I. Functions of the Police 1. Role of the Police “The policeman must be a minister, a social worker, a diplomat, a tough guy and a gentleman.” Paul Harvey -What is a policeman The most important questions at hand are whether our police department is meeting the needs of the community and what the department can do to achieve the best results. To better understand our community and the role of our police department, it helps to start with an overview of the town and agency. The Town of North Greenbush Police Department is responsible for the entire 18.5 square miles of the town, which is comprised of three distinct unincorporated areas: Wynantskill, Defreestville and Snyder’s Lake. As of the 2010 census, there were 12,085 residents in the town and it is estimated that this has risen about 1.3% since then. Figure A represents the estimated demographics of North Greenbush as of 2019. 2019 Demographics Estimate 1.5% 1.2% White Black Asian 94.5% Figure A. Statistics courtesy of U.S. Census Bureau Population Estimates 2019 The town is mostly comprised of residential property though there is a significant commercial presence across two major corridors, Main Avenue and North Greenbush Rd. During business hours, there are thousands more people working in, visiting, or traveling through town. 1
While historical records are scarce, municipal law enforcement in North Greenbush existed as early as 1960 in the form of a constabulary force. The town officially created the police department in 1980 and it has grown leaps and bounds since then. The department was originally comprised mostly of part-time officers and only a couple of full-time officers. The department was only open certain hours of the day. Since its inception, the department has grown to 19 full-time officers, 2 full-time dispatchers and 4 part-time dispatchers providing law enforcement response 24 hours a day. In 2007, our department achieved the distinguished honor of Accreditation through the New York State Division of Criminal Justice Services and strives to maintain that through a high degree of professionalism. The Accreditation process is more thoroughly explained in section III(4) of this Plan. Through these last 40 years, the mission of the department has changed very little but the methods of achieving that mission are constantly evolving as society does. The department responds to an average of 14,700 calls for service, effects an average of 2,900 traffic stops and makes an average of 380 arrests every year. Calls for service range from civil matters and criminal complaints to hazardous situations where life and property are threatened. On at least an annual basis, statistical analysis is completed regarding crime trends, staffing needs and community needs. Similarly, policies and procedures are constantly evaluated for necessary updates and annually reviewed for validation. According to a five-year statistical study, 2015 to 2019, of the police department records management system, the most prevalent crimes to be reported and investigated any year are Larceny, Offenses Against Public Order, and Criminal Mischief, in that order. Larceny consists of Petit Larceny and all degrees of Grand Larceny. There are an average of 185 incidents reported and investigated each year. Offenses Against Public Order, such as Disorderly Conduct and Harassment, comprise an average of 78 reports each year. Criminal Mischief of all degrees comprise an average of 55 reports each year. All other categories of crimes reported each comprise of a small fraction of the total. The number of “violent crimes” each year is very small and are mostly committed during domestic incidents. Only a fraction of domestic incidents result in criminal charges but the total number investigated in any given year is significant. Each year our officers handle 144 domestic incident investigations. These are the most volatile and tense encounters our officers face and require a balance of heightened alertness and patience. While there are hundreds of crimes reported each year, it is equally important to account for traffic functions, which comprise far more of the total call volume in any given year. Each year, there are an average of 570 traffic accidents investigated and an average of 2,900 traffic stops are conducted. Beyond criminal reports and traffic duties, officers respond to youths annoying complaints, 911 hang up calls, burglar alarm activations, animal problems, welfare checks, custody disputes, assist with disabled motor vehicles, various hazardous situations, traffic light malfunctions and more. Services provided include civil fingerprinting, car seat installations, 2
vehicle lockouts, a prescription medication drop box, vacation watches, business checks on the midnight tour, and managing information on sex offenders in the town. Some of these services are not offered by most other local police departments. The role of the police in our society has grown from merely enforcing laws to providing all types of assistance. All non-criminal or traffic calls for service that our officers respond to can be categorized as fire calls, EMS (Emergency Medical Service) calls, civil matters, mental health calls, service calls or any of 85 other types. Officers respond to fire and EMS calls since they would most likely arrive at the emergency first and can assist citizens in need right away. This not only speaks to the service-oriented mindset of our agency but reinforces that mindset with the officers. The police are the most visible representatives of government and this leads to calls for service that are not technically in the domain of the police such as disputes over property lines, water and sewer issues, etc. When this happens, especially after hours, the police have resources not available to private citizens so officers have had to expand their knowledge on a variety of topics in order to meet these challenges and help our neighbor as best as possible. Similarly, most civil matters involve complainants who don’t know who else to talk to. Our officers are able to provide insight and, often mediate the situation without it needing to enter the court system or devolving into a criminal issue. When that is not possible, complainants are informed of available resources and their options. This is another way officers are able to serve the community. It is clear from these statistics that there are both strong reactive and proactive strategies being used. This balance, along with a service-minded culture within the police department, have created high public support. 2. Staffing, Budgeting and Equipping Police As previously discussed, the department has 19 full time police officers, 2 full time dispatchers and 4 part time dispatchers. Of the police officers, there are the Chief, Lieutenant, IT Officer, 2 detectives, 3 sergeants and 11 officers. The Chief and Lieutenant are considered to be the administrative staff while sergeants are considered to be supervisory staff. The staffing level is largely dictated by the minimum needed to ensure that there are at least two police officers assigned to every shift, pursuant to the police officers’ labor contract and basic officer safety needs. Administrative and supervisory staffing is consistent with the National Incident Management System’s recommendation for proper span of control, which is mirrored by the New York State Emergency Management Office. Various officers are assigned to teams specializing in Accident Reconstruction, Evidence Processing and Investigations which are deployed when circumstances require them. In order to provide a high level of service, our police department has a written agreement partnering with other local municipal police agencies for the purposes of mutual aid. This is mostly used in serious incidents that require more officers than that agency has on duty at the 3
time. This also allows for each agency to respond to calls in another jurisdiction if call volume becomes too great at any one time for that agency to handle. This ensures an expedited police response to emergencies. A similar written agreement is in place for a Shared Services Response Team (SSRT), which is commonly referred to as SWAT. The SSRT is comprised of police officers from our agency, Rensselaer City Police Department, East Greenbush Police Department and Schodack Police Department. This partnership allows for each agency to share the costs of having such a resource, which would not be possible individually given the cost and manpower needed. Over the last several months, there have been many discussions, both internally and externally, on whether the availability of social workers would benefit the community, rather than police officers responding to certain situations. This agency handles calls for service that would be most appropriate for social workers, such as some civil matters and mental health calls, however the need for the presence of a police officer is still not eliminated entirely. Despite what the circumstance is at the time of the situation being reported, these can be very volatile and there is always a risk of violence. However, having the availability of resources could allow the officers to respond to the scene, ensure that the situation is safe and turn the incident over to the social workers once they have established a rapport and feel safe with the individual. This would allow police officers to return to their other functions. It is understood that the police presence could be interpreted by the individual as being negative but that can be overcome by how the officers communicate with the individual. Ideally, the social workers would be trained to a higher degree on the matter at hand than the police officers could be so the citizen would get a more focused care targeting their specific need. The Commissioner of the Rensselaer County Department of Mental Health (RCDMH) was consulted as a stakeholder in the drafting of this Plan. In that very productive meeting, this topic was discussed. The Commissioner listed out all of the resources they offer including, but not limited to, Substance Addiction Peer Recovery support and a social worker to assist and monitor homeless and mental health patients. By increasing our utilization of these resources, we will be able to forge a stronger partnership which will enable us to provide not only the best service and care to our residents during active calls but also ensure proper follow-up is done to reduce future needs. Additionally, that office can assist in coordinating training opportunities for officers to learn how they can communicate more effectively with persons in crisis which would help overcome the negative perception that individual could have from the police presence. Since 2015, the police department assisted EMS on at least 32 overdose calls. 16 were suspected heroin overdoses, 13 were prescription medication overdoses, two were alcohol overdoses and one was a marihuana overdose. Officers may have responded to other similar incidents but they were not documented as such for a variety of reasons. Current documentation practices and social constructs make it difficult to determine how many of these overdoses were intentional versus accidental and said finding often remains undetermined well beyond the time of reporting. While these numbers are significantly lower than most municipalities in Rensselaer County, they clearly indicate that there is a need for a specific response to suicidal persons and addiction. RCDMH has services that should be used more for reaching this population. 4
To help combat these overdoses, in 2012, the North Greenbush Police station became a location for the safe disposal of expired medications. This was done in an effort to reduce accidental overdoses as well as the chances of these medications being stolen and recreationally used. This is a service that was not commonly found in police departments at the time but has become more popular. Through this, several pounds of medications have been turned in to the Drug Enforcement Agency for proper disposal each year. In that same time period, our officers made 272 involuntary mental health transports to the hospital. However, based on available data it appears that the number of police calls that ended with a voluntary transport outnumbered the involuntary transports. For the past few years, we have utilized the Northern Rivers Mobile Crisis Team to assist when possible. Unfortunately, their hours of operation, resources and capabilities are all limited. If a person in crisis is a clear threat to themselves or others and refuses to seek treatment voluntarily, the officers must take that person into custody under Mental Hygiene Law (MHY §9.41) and transport the subject for evaluation themselves or in the company of emergency medical provider(s) since there are no other entities authorized by statute to do so. If a person is deemed not to be a threat to themselves or others, they cannot be involuntarily transported for mental health evaluation and an officer is placed in the position of either leaving without providing any assistance or seeking an alternative option, of which there are extremely few. In order to streamline the process for officers to notify RCDMH of the specific need in a situation, our agency has teamed up with RCDMH and surrounding police agencies to create the Law Enforcement Mental Health Referral System (LEMHRS). This is still in development but will be modeled after the program created by Essex County. A police response will still be required but it will create a streamlined process for mental health officials to be notified of a citizen in need, to which they will respond based upon their evaluation of the circumstances. Response could be immediate or done as a follow-up the next day to check on the citizen and offer appropriate services. Often, in order to secure needed services for a person in crisis, officers will take a person into custody for professional mental health evaluation or invoke criminal arrest if a violation of law exists. Understandably, such a response could be emotionally and/or psychologically detrimental to the person, good reason why this program would be so beneficial. It gives officers another alternative and reduces the criminalization of this vulnerable population. This response will not serve to reduce overall violence in the community, given the relatively low incidences of violence in the first place, but would aid in more effectively assisting those in need of more targeted services. While there are several similar programs being used throughout the United States, each would need to be researched for any elements that may be incorporated into the LEMHRS program. It was suggested at the public stakeholder meeting that the CAHOOTS (Crisis Assistance Helping Out On The Streets) program being used in Eugene, OR may be useful. CAHOOTS uses a two person team consisting of a medic and a crisis worker to respond to calls for emotionally distressed persons, homeless issues and addiction counseling. 5
Our agency rarely receives a call for a non-crisis situation and these should be referred to the RCDMH for follow-up. Almost all mental health calls are for a crisis situation but it may be possible to coordinate a tandem response with a two person team consisting of a police officer and a crisis worker, depending on the known circumstances at the time the call was received. Most calls are received from a third party that is not on the scene so they are not sure if the person in crisis has harmed themselves already or is actively doing so. Many other calls are from someone that is with the person in crisis and can say for certain that they have already taken steps to harm themselves. In those cases, the ambulance is being dispatched and will not enter to assist the person until police have secured the scene so an expedited response is required. As stated earlier, it is implicitly understood that the police responding first to a situation could only serve to exacerbate the distress or stigma attached, however, it may not be feasible to wait for a clinician to respond when there is an immediate threat present requiring quick intervention. When practical, both arriving at the scene at the same time would be ideal. It is vitally important, however, to have the officers trained in how to effectively communicate with persons in crisis. Through the years, several officers in the department have participated in Emotionally Distressed Person Response Team (EDPRT) training, which provides instruction in effective methods of communicating with persons in crisis. In the near future, our agency aims to increase the number of officers who have received this training. In addition to the current training regimen, it is expected that New York State will make Crisis Intervention Team training readily available post-COVID. The department will be dedicated to training an officer in this groundbreaking crisis management protocol. North Greenbush Police have only had only one officer solely assigned as a School Resource Officer in its history. This program was run for only a couple of years in the primary schools in our jurisdiction and ended in about 2014. To maintain a connection with students in our community, officers from patrol are assigned every school day to provide a presence at the public schools as students are arriving for the day. Throughout the day, officers are encouraged to visit the schools and have positive interactions with the youth. Disciplinary actions inside the schools are left to school administrators and the officers do not participate. This avoids minor infractions from having larger consequences than are warranted. A resumption of the SRO program has been researched many times but, ultimately, funding is a major hurdle and it is unknown if our agency will ever be able to do it again. If funding became available, it would then need to be determined whether the community wishes for our agency to take on this role before a final decision could be made. Another important question being asked is whether the police are appropriately equipped. More than anything, this is a question of whether certain equipment is excessive in nature. This agency does not subscribe to the Federal 1099 program to acquire surplus military equipment as there are too few pieces of equipment that have any practical application in police operations. Military and law enforcement each have distinct needs that very rarely require the same equipment. While there has been an industry-wide trend towards more “tactical” equipment, our agency has not changed much. TASERs were introduced in 2014 and patrol rifles replaced the 6
use of shotguns in 2015. All other equipment types have been in use for decades. At this time, we believe the equipment being used is adequate for the situations our officers typically encounter. Our agency has assisted other jurisdictions in crowd control but have only acted in a support capacity from the staging areas and command posts. There has not yet been a need for such an operation in our jurisdiction though some residents have publicly expressed their views on what response they would like to see from their police should such an event ever occur. It is believed that the community supports the 1st Amendment right to protest but that it needs to be carefully monitored for an escalation to violence. If such an event began to escalate, it is our belief that our residents would wish for it to be swiftly stopped before it can spread, anyone is injured or property is damaged. 7
II. Employing Smart and Effective Policing Standards and Strategies 1. Procedural Justice, Restorative Justice and Community Policing Procedural Justice and Restorative Justice are admirable ambitions upon which our agency seeks to improve. While there are existing examples of each of these currently being used, there are other opportunities that have not historically been taken. The goal of Procedural Justice is that the public perceives that the police officers handled a situation as fairly as possible. This is achieved through four objectives: police officers must treat members of the community with respect, they must listen to the concerns of all parties involved in an encounter, they must be neutral in their decision making and they must convey trustworthy motives. While these tenets may be followed by an officer, the individual they are interacting with may not perceive it that way. In this situation, the officer would need to be cognizant of this and alter themselves to overcome it. This can be as simple as changing body language or communicating more effectively. De-escalation training focuses on how an officer’s actions and words would be perceived, regardless of their actual intent or feelings. Body language, specific wording and a conscientious effort to remain calm are key points in this. Officers have been provided with this training and it is expected that they learned how to modify their behavior so the person they are dealing with, be it a complainant or suspect, will leave the interaction with the proper perception. This will be monitored and followed up on with both maintenance training and follow-up training to improve even more. Restorative Justice focuses on how the legal system could react in a criminal investigation. The goal here is to reconcile, restore and repair the harm caused by a criminal incident. Police and courts have a variety of options available to achieve this. There are a few programs our department uses to this end but improvement is certainly possible. On January 1st, 2020, new legislation on bail reform came into effect. These new laws eliminated cash bail and required the issuance of appearance tickets in lieu of arraignment and incarceration in most cases. Since there has only been about a year of data, it is unknown at this time what impact this has made on crime trends. For first-time alleged offenders, this is believed to be a tremendously positive thing as incarceration would only serve to increase their chances of recidivism, risk job loss or other stressing situations which would be difficult for the defendant to overcome. Critics point to chronic offenders being given the ability to continue victimizing the public following an arrest. While it is agreed that these circumstances exist throughout the state, they have so far been rare in North Greenbush. Many agencies throughout the state have applied the same concept to the issuance of traffic tickets rather than making an arrest for certain unclassified misdemeanors as defined in NYS Vehicle and Traffic Law (VTL). The most common violations that would qualify are 8
Aggravated Unlicensed Operation (VTL §511- subsections 1 through 3) and Operation while registration is suspended or revoked (VTL §512) in which the Commissioner of Motor Vehicles has suspended or revoked a license or vehicle registration for a variety of reasons. Other unclassified misdemeanors include Driving While Intoxicated (DWI) as a 1st Offense, Circumventing an Ignition Interlock Device and Reckless Driving. By NYS Criminal Procedure Law, unclassified misdemeanors hold penalties higher than that of other traffic tickets but are not entered on a subject’s criminal history with the exception of DWI. For each of these offenses, traffic tickets are created and an arrest is completed. The arrest includes the collection of pedigree information and the issuance of a Desk Appearance Ticket. While other agencies issue the traffic tickets without completing an arrest, our agency has elected to continue the process as it is compliant with Criminal Procedure Law. While this is becoming less common, an arrest or bench warrant may be issued by the court for a defendant’s failure to appear on these violations. Without the information contained in the arrest paperwork, the court would not be able to do this. Changes to the law would be necessary to discontinue this practice. Restorative Justice can be accomplished through the use of a social worker. Police officers, by necessity, have had to employ restorative justice for their entire careers. It is clearly understood that an arrest might make no difference in the overall conflict or it could actually make it worse. This could be due to it being a protracted conflict, the offender being young, or the circumstances of the crime warranting some empathy for the offender. Officers must ask themselves and the victim if the arrest would bring about the desired final outcome in a situation. Many times, the answer is no and the officer must offer remediation since there are no other available resources to handle this. As discussed earlier in this plan, a social worker could be employed, if one was available, to help resolve a situation without the police being present. When speaking of Procedural Justice and Restorative Justice, it is important to note that there has been a relatively recent trend of false calls being placed against minority groups across the country. While there are existing laws in place to combat these situations, officers must approach a situation in a non-accusatory way to interview all interested parties and determine whether there is actually a crime being reported. Sometimes, the person who was originally called in as a suspect is actually a victim. If the initial approach to the reported suspect is not correct, they will not feel comfortable enough to cooperate with the investigation of the false report. Our agency has, over the years, received calls about someone being suspicious based on their race or ethnicity, alone. A criminal act must be reported to have occurred or be imminent based on the caller’s good faith observations to warrant a police response. Most calls for suspicious persons include a vague description of why the caller feels it is suspicious and officers must gauge that information against whether a reasonable person would have the same concern. If so, the officer may elect to engage the person but the approach must be as described above. In order to better facilitate police responses focusing on restorative justice, statistical analysis is needed first to determine the most prevalent crime types. Training can be routinely provided to the officers regarding options for these call types, other than arrest. Most often, officers are faced with a victim that wishes to pursue charges as a matter of principle or as an 9
avenue to get an Order of Protection or court ordered restitution. In these instances, it would be unfair to the victim to employ an alternative but the discussion should occur with them to determine if they are accepting of another outcome. Diversion programs are another option for Restorative Justice that the police can offer. These programs have existed locally for a number of years and have seen many success stories in breaking the cycle of addiction and recidivism. There is a variety of reasons why individuals commit crimes. All too often, they are committing them because of a drug addiction. If the addiction was removed from the equation, that portion of the crime rate would likely decrease. Rensselaer County has a drug diversion court specifically for offenders facing non-violent charges. These defendants have an opportunity to have the charges severely reduced or dismissed outright if they make positive and tangible steps towards treatment and recovery. For these cases, police officers attempt to determine, either during the investigation or at the time of arrest, whether drug addiction was a factor in the commission of the crime. If it can be determined as such, the officer will advise the arraigning judge of that so consideration can be made in referring the case to the Rensselaer County Court to be handled in the Drug Court Part. Only the judge has the discretion to make that referral but the judge has limited information and observation of the defendant to know they could be a candidate for this program unless otherwise advised of it by the officers. Another option for this diversion would be Troy Regional Treatment Court- Opioid Part. Officers have a screening form that they fill out at the time of arrest and turn over to the court at the arraignment for this to be considered. In light of bail reform, there is almost always a delay between the booking process and the arraignment date so a defendant admitting they wish to get help with addiction could have to wait a few weeks before getting in front of a judge to start that process. A new step in the booking process will be added where any defendant that has been identified as a possible candidate will be referred, upon their consent, to the Rensselaer County Department of Mental Health addiction peer counselor program for follow-up. This is expected to provide such defendants with immediate assistance and may offer them an opportunity to get a head start in their recovery. Community Policing “The police are the public and… the public are the police” – Sir Robert Peele Sir Robert Peele instituted that idea when establishing the first municipal police force in 1829. The overriding theme of his ideal for policing was the reinforcement that police officers are members of the community, first and foremost, and that the duty of maintaining order is shared by the police and public, alike. It is often said that the biggest impediment to community policing was the invention of the motor vehicle. When police went from foot patrols to motor patrols, they were suddenly removed from the public for which they work. The geography of North Greenbush makes motor patrols essential given the large, mostly rural jurisdiction and limited number of officers working 10
at any given time. Still, there are opportunities to interact with the public and the officers of this agency often take advantage of those opportunities. Our agency routinely did foot patrols on Main Ave, Brookside Ave and Marion Ave in the 1980s but it is unknown why that stopped; likely the result of staffing issues at that time. As of 2020, officers have resumed routine foot patrols along Main Avenue, which is one of the two main business districts in town. Main Avenue is heavily traveled by residents from the side streets walking the sidewalks in the warmer times of year and there has been tremendous positive feedback from residents and visitors that have seen the officers walking. Main Avenue is also home to the North Greenbush Town Hall where youths gather to play baseball, basketball, or just hang out. Our officers have stopped to talk to the youths as a positive interaction rather than only when a complaint is received about the noise they are making. This, too, has been very well received. The North Greenbush Road corridor is slated for improvements which include sidewalks so that will facilitate the same initiative, albeit on a lesser scale since businesses are further spread out along that route. As important as that method of community policing is, most of the town is rural and most residents would rather see the officers patrolling in their neighborhoods so that must also be accomplished by the officers during their tours. One of the bigger complaints our agency receives is that residents feel like they don’t see the patrol cars in their neighborhoods enough. With the officers on patrol splitting their time between responding to active calls, investigating criminal complaints, walking a foot beat and patrolling through neighborhoods, there is little time left for other avenues of community outreach. To overcome that, our agency participates in as many community events as possible. Typically, officers will be in attendance to talk to youths about various safety topics and to talk to older residents about their concerns. This has proven to be very effective in keeping an open dialog with the members of the community, particularly the youth whom it is vital to reach. An open house at the police station was planned for 2019 but didn’t happen due to budgetary constraints. In 2020, it didn’t happen due to COVID-19. This will remain in the planning stages and, once it can finally be done, will become an annual event. This will be a great way to meet the community and showcase what the police department offers. The opportunity to tour the police station and a police car will likely create great interest from the youth which will open the door to building relationships with them. It was also suggested at the stakeholder panel that a meet and greet event take place at the Town beach one day in order to reach the Snyder’s Lake community. Similar events could be planned in both Wynantskill and Defreestville. Social media and the department website offer opportunities to introduce the officers to the community but are not currently utilized for this. It was also suggested that the officers’ pictures be included with their names on the website. The social media accounts are used primarily for news broadcasts but more photos of officers engaged in less newsworthy circumstances would allow the residents to put a face to the name and make them more comfortable approaching the officers at outreach opportunities or during calls for service. 11
While it is easy for the police to create these opportunities for meeting the public, the officers would always enjoy being invited to attend neighborhood block parties or other events to further bridge the gap that naturally occurs between the police and residents. Historically, our agency has been viewed as a “stepping stone” agency, where newer officers transfer to larger departments after only serving this community for a short period. This creates a relatively high turnover rate and a lack of consistency in the officers the public sees. Few officers are around long enough for them and the public to get to know each other and build a level of mutual trust. Over the last several years, this trend has slowed but there were many retirements so the turnover rate was essentially the same. As the agency has few left that are eligible for retirement, it is hoped that this will stabilize. This is dependent on newer officers being incentivized to stay for their entire careers where they will be able to get to know the community and use that knowledge to better serve the residents. Schools As stated previously, our agency does not have a school resource officer so community relations in the schools must be done through alternative options. There are several elementary schools in North Greenbush but only two high schools, both of which are private schools. One such high school, Vanderheyden, is part of a residential and community services facility for youth which generates a significant portion of the annual police activity in our town. As such, the Chief Executive Officer (CEO) of that school was consulted as a stakeholder in the crafting of this Plan. Youth up to 21 years of age reside on the campus and receive a wide array of psychological, emotional and educational services. Other students live at home and only attend the school during the day but receive many of the same services as the residents. It is believed that the frequent need for police intervention is due to the fact that the youth residing at and attending the school come from a variety of backgrounds, some of which includes past emotional trauma, and that often manifests in the form of aggression or the need for emergency mental health services. While it is a very small fraction of the school population at any one time, the students who act out aggressively require the intervention of the staff. Trained members will attempt to de-escalate the situation verbally but sometimes have to use therapeutic control intervention techniques to restrain a student. While staff are adequately trained and able to manage most of these incidents through their own tactics, there are incidents that go beyond their control and the police department is called to respond for assistance. Over the past several years, the current Vanderheyden CEO has done a fantastic job in engaging the police department and leveraging police data to ensure the needs of the facility are being met. Prior to her tenure, our agency had averaged 362 calls each year at the main campus. In the last five years, the average has been 120 calls each year with a noticeable downward trend throughout. Her efforts to reduce police responses over the last several years have also reduced the number of negative interactions the students have with the police. This helps keep tensions between the officers and students to a minimum. 12
The CEO has urged the police department to make routine visits to create a rapport between the officers and students. These positive encounters need to be more frequent in order to reach more of the students, especially the ones that are often the focus of a police response to the school. Historically, officers have found that their presence has caused a disruption among the students but it is believed that this is only because it is seldom done and many students have had more negative experiences with the police than they have had positive ones in their lives. With an increase in frequency, it will become normal to see the officers in the school and both the officers and students will grow more comfortable with each other. This will lead to the students being more open to positive interactions with the officers. This will also help establish a rapport with the students that can be used to de-escalate a situation if the police respond to deal with a student in crisis. The CEO also suggested that officers all be issued business cards that can be handed out to students for the officers to both identify themselves and provide the student with a point of contact with whom they have a rapport and trust. This improvement would be beneficial at this facility and all encounters with the public. During the stakeholder meeting with the CEO, it was discussed that the Office of Children and Family Services was seeking to institute a prohibition on Vanderheyden staff from employing restraints on students. This would significantly and negatively impact the police and the relations with students if it is enacted, and it would remove the ability for staff to keep students safe from themselves. First, the police would be responding to the campus more frequently and using force on students. Second, there are more negative interactions than there needs to be. Third, staff can do nothing but watch as a student actively damages property, hurts themselves or others. Commonly, students wishing to harm themselves go to the main road, which is a state highway, in an attempt to hurt themselves in traffic. Staff are able to use force to remove them from the roadway for their own safety. Without staff having that option, the student cannot be removed from the highway until the police arrive, which could be several minutes. Such a prohibition has been tried in other facilities in the past and police responses more than doubled, which is likely to also happen at this facility. Currently, our agency works with the New York State Justice Center to investigate any use of force by staff members against a student that results in a complaint or injury. This not only safeguards the students from excessive or unnecessary force but also puts accountability in place that provides a deterrence from future events. Prior to the existence of the Justice Center, our agency solely handled these investigations but we now have a partner with more resources to use in these investigations. Policing Strategies Public trust is a bank account in which the police must keep a positive balance. Every bad interaction is a withdrawal and every positive interaction is a deposit. While officers make deposits through the initiatives listed above, the agency must be cautious of which withdrawals are worth making. Strategies like “stop and frisk” and “pre-text stops” have had some successes 13
but should be used carefully and rarely, given how relatively unsuccessful they are. Administrative and supervisory personnel at our agency are watchful for these encounters happening and have addressed officers appearing to use these strategies. Similarly, these senior personnel are watchful for any activity of officers that could be based on racial or ethnic profiling. Demographics on arrests and traffic stops are routinely monitored for any unusual patterns. If found, an internal affairs investigation would be commenced into the officer to determine if there is something intentional or unintentional happening. Our agency offers no rewards for the issuance of tickets nor does it demand that officers meet any quotas or minimums. Instead, a focus is placed more on traffic engagements than traffic tickets. The purpose of traffic enforcement is to educate and gain voluntary compliance with the law. Sometimes, the officer feels the education occurred through the conversation and advisement, which will hopefully yield future compliance. Other times, the officer feels a traffic ticket is necessary to modify the driver’s behavior. Typically, this is based on the violation being obviously intentional, overly reckless, or a driver indicating that they will continue committing the violation. This decision is left solely to the discretion of the officer. 2. Racial Disparities In order to gain an understanding of whether there are disparities in the application of law, statistical analysis was required. The collection of racial and ethnic data in our agency is very limited, mostly due to two main reasons: the majority of interactions with the public not resulting in a report which would document this information, and such data not being collected during traffic stops or noted on traffic tickets. As discussed later in this Plan, such information is not noted on driver’s licenses so it would require an officer to make a subjective assumption which could lead to inaccurate information. The primary location for such data, and the most important statistic, is with arrests. This involved a detailed examination of all arrests over the five year period from 2015 to 2019, focusing on the race, gender and ethnicity of each arrestee. There were 1,859 arrests in that period and the percentage of representation by each race was compared against the national average and Rensselaer County average, as shown in Figures B and C. The national averages were found based on the 2018 FBI Uniform Crime Reporting database, which was the most recent available year for data. Rensselaer County averages were found for 2016-2019 on the DCJS website, which were the only years available for such data. 14
Comparison of Arrest Average by Race 79.30% 69% 67.90% 31.30% 27.40% 20.29% 0.42% 3.30% 2.30% WHITE BLACK ASIAN North Greenbush National Rensselaer County Figure B. Indicated values derived from North Greenbush Records Management System 2015-2019, 2018 FBI Uniform Crime Reporting data, and NYS DCJS arrests 2016-2019. Values do not equal 100% due to rounding errors Comparison of Arrest Average by Gender 72.80% 73.13% 70.10% 29.90% 27.20% 26.87% MALE FEMALE North Greenbush National Rensselaer County Figure C. Indicated values derived from North Greenbush Records Management System 2015-2019, 2018 FBI Uniform Crime Reporting data, and NYS DCJS arrests 2016-2019. Values do not equal 100% due to rounding errors 15
Figure C depicts the gender of arrestees as reported by the arrestee at the time. There were no records of any arrestees in that time period that identified as anything other than those two genders. As illustrated, the North Greenbush average is consistent with both the national average and Rensselaer County average. For ethnicity, our officers rely on the arrestee indicating whether they are Hispanic or not for reporting purposes. Over the five year period, an average of 2.3% of all arrestees identified themselves as being Hispanic. The national average, according to that same 2018 FBI Crime Report, is 18.8%. The Rensselaer County average is 7.3% according to DCJS. Comparing North Greenbush data against the available references, it is evident that the arrests of minorities by our agency fall below averages reported nationwide and for Rensselaer County. Yet, in comparison with census data, it would appear that arrests of minorities are disproportionate to the overall demographics of the town which indicate, for example, a 1.5% Black population. This apparent inequity requires an important contextual reference. North Greenbush, like many communities, does not sit in isolation. In addition to the main commercial corridors noted earlier (Main Avenue and North Greenbush Rd), at least two other thoroughfares bring a significant amount of traffic into the town either as passageways to neighboring communities, such as Troy and Albany, or as destinations for persons who work, shop or learn in town. These include a portion of Interstate 90 which exits onto North Greenbush Road and NY Route 43 which is a main artery connecting eastern Rensselaer County to the greater Capital Region. Although the resident population of North Greenbush is estimated to be approximately 15,000, the town is host to major commercial and industrial employers located in the Rensselaer Technology Park (affiliated with Rensselaer Polytechnic Institute) which is wholly within the town and Hudson Valley Community College (HVCC) which straddles the North Greenbush/ City of Troy line. HVCC has a primarily non-resident student population of 11,000 per semester. Employers such as Metropolitan Life Insurance, General Electric Healthcare and Regeneron, to name a few, add approximately 3,000 more persons to North Greenbush. These more than double the town’s residential population each day. In addition, two large shopping destinations that host major brands such as Home Depot, Staples, ShopRite, TJ Maxx, Michael’s Crafts, and Home Goods bring thousands more into North Greenbush each day. While a full accounting of the demographics of persons who are employed by or who shop at these locations, or are simply passing through, is not possible, their daily presence adds an important dimension to what it means to be a police officer in North Greenbush. Indeed, an analysis of data from 2018-2019 indicates that town residents accounted for only 22 percent of all arrests during that period. To compare the percentages of arrest for each demographic against plea agreements or conviction rates would likely build a better picture of any disparities. If a certain demographic is highly represented in the arrest category but not so much in the conviction category, it would possibly indicate that the arrests of that demographic hold a lesser degree of merit than other demographics; an indicator that there is a problem with the way charging decisions are being 16
made. The collection of such data would require the assistance of the court and may not be feasible but will be looked into by the Chief. The reason for each arrest in this period can be broken up into two categories: Reactive and Proactive. Reactive arrests would be any made as a result of a criminal complaint and investigation. Proactive would be any made at the officer’s discretion. In our community, proactive arrests are almost exclusively the result of a traffic stop. Discretion rarely exists in situations where a reactive arrest was made. The merits of the criminal complaint are measured by the evidence present, whether the alleged victim wishes to pursue charges, and whether the allegation fits a statute of law; not the officer’s opinion on whether it would achieve the best outcome for all parties. While the race, gender or ethnicity of the alleged perpetrator isn’t factored in the decision to arrest or not in either proactive or reactive situations, discretion is typically a large factor with proactive arrests. In order to determine whether there are racial disparities in the application of law in proactive arrests, the same five year period was analyzed further. Not surprisingly, the number of traffic- related arrests was greater than the total reactive arrests each year. As discussed earlier in this Plan, an average of 3,470 traffic stops and traffic collision investigations occur every year. On average, these interactions account for 57.8% of all arrests, versus 42.2% that are reactive. Because of the limited scope of data, it may not be possible to draw a definitive conclusion on whether bias exists but two clear facts emerged from this analysis: 1) most arrests occur at a time when discretion is a large factor, and 2) arrest demographics show that our agency falls below the national and county averages when it comes to minority arrests. These could be interpreted in a variety of ways but are not believed to indicate that the enforcement of criminal offenses is being unjustly applied. Unfortunately, this applies only to arrests and not to traffic stops or the issuance of traffic tickets. This information does not indicate anything in terms of whether discretion is being applied at an equal rate or better and there is no available data set to derive that information. During the public stakeholder meeting, it was discussed that information regarding demographics on traffic stops and searches would be helpful in identifying trends of certain demographics being disproportionately represented. Our agency currently has no method in place to collect or document this information but others in the state do. Research into how that is done could lead to it being done at our agency if it is found to be feasible. 3. Community Engagement One of the more important endeavors for a police department is community engagement. An open line of communication and being a part of the community is crucial in building the trust between the citizens and the police department. While community policing focuses on the police interacting with citizens, community engagement focuses on citizens interacting with the police. This leads them to have a connection with the police department to address the current needs of 17
the public. Both topics have a shared goal but offer different objectives towards reaching that goal. Over the last couple of years, we have attempted to institute a Neighborhood Watch program which would not only provide more vigilance in the community but would allow community members to have some control over how the police handle issues in these neighborhoods. So far, no neighborhoods have gotten enough interest from the residents to allow for this to be rolled out. This is constantly being pursued and will likely catch on once the first neighborhood starts. Though a formal neighborhood watch may not be present in a particular neighborhood, certain residents will often reach out to the Chief to discuss issues they see. The Chief always makes time to meet with these individuals to hear their concerns, advise them on the legal options and discuss possible remedies. The town has no neighborhoods that could be considered “problem areas” where crime is higher than anywhere else. Perhaps as a function of that, there are currently no civic organizations established for or focusing on community safety that would benefit from regular meetings with police department administration though our agency is always willing to do that. The Wynantskill area has a very active social media account where members of the public routinely post comments or questions regarding issues that pertain to law enforcement. The Chief monitors that daily, at a minimum, and responds to anything that can be answered. Historically, the community has expressed concern over speeding vehicles in certain areas and thefts. The Chief considers each of these and either reaches out to that citizen or answers it to the community at large. By seeing the Chief interacting on a regular basis, more residents recognize this as a valuable medium to discuss these issues and have the police department involved. While in-person meetings are always preferred over impersonal social media, this has found to be an effective method of communication that the community seems to find helpful. This allows all residents to have a voice with no time commitment to fit into their busy schedules. The most tangible step taken by our agency in many years towards engaging the community was the public stakeholder meeting, held as a part of the process to create this Plan. Police Community Reconciliation will not be achieved through just one meeting and it is understood that these meetings may be needed on a regular basis. It was discussed at the stakeholder meeting that there could be regular meetings established for certain areas of town for residents to express their concerns. While this may bring complaints about things that are not relative to public safety or law enforcement, per se, our agency will do whatever possible to engage the appropriate entities in addressing the concerns raised. 18
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